A student is being prosecuted after she briefly put her flip-flops up on a train seat.

Despite immediately apologising to the “rail enforcement” officer who reported her, Kathleen Jennings, 19, has been summoned to appear before magistrates today.

Miss Jennings, who is studying mathematics at Manchester University, has been accused of “wilfully interfering with the comfort or convenience” of other rail passengers.

Miss Jennings, a Cub Scout leader who also works with disabled children, said that she had just put the tips of her flip-flops on the unoccupied seat in front of her when the official approached her and said to her, “Are you comfortable?”.

She said last night of the incident in June: “I said sorry and moved my feet back to the floor. Then he said that he wanted to see me when I got off the train. I got off the train at Chester and he was waiting on the side. I was scared throughout the journey.”

On the platform, Miss Jennings, who lives in Oldham, was given an official caution by the Merseyrail enforcement officer, who noted down her description, phone number and occupation. She later received the summons to appear before magistrates in Chester.

Miss Jennings added: “I was crying my eyes out. I am not the sort of person who would do anything wrong. I have never been in trouble before and, working with children, I do not want a criminal record.”

She could face a fine and prosecution costs of up to £150 on top of her own legal bills.

Her father, Tony, said: “It’s ridiculous. Why couldn’t a fixed-penalty notice be given? She could end up with a criminal record on her CV, which could affect her future. It’s madness.

“Kathleen has always been an A* student and is a good, considerate girl. She’s never been in trouble.”

Merseyrail is the only rail company that prosecutes passengers for putting their feet on seats. It has taken about 250 people to court since its scheme began in February.

In May Babiker Fadol, 45, from Chester was prosecuted for the same offence. He admitted the charge and was given a one-year conditional discharge with £50 costs.

A company spokesman said yesterday that it could not comment on the individual case because of the impending court proceedings, but that the policy had been widely publicised through signs and loudspeaker announcements.

It has previously said that the policy was introduced to tackle antisocial behaviour and in response to “passenger feedback”. Enforcement officers use closed-circuit television “head cams” to provide evidence for prosecutions based on railway by-laws.

The company also has spent £32 million refurbishing its fleet.

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